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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MRS.JUSTICE J. NISHA BANU, MRS.JUSTICE S.SRIMATHY, JJ
State Of Tamil Nadu, Represented By Its Secretary – Appellant
Versus
Secretary, Fathima College, (Autonomous) – Respondent
JUDGMENT :
S.SRIMATHY, J.
This Writ Appeal is filed by the respondents in the writ petition challenging the order, dated 26.02.2024, passed in W.P.(MD)No.1482 of 2024.
2. The Writ Petition was filed for issuance of a Writ of Certiorarified Mandamus to quash the order dated 06.11.2023 passed in Oo.Mu.No. 10742/E1/2023 by 3rd respondent and consequently to direct the 3rd respondent to approve forthwith promotions given to Lab Assistants in the petitioner's college viz. S.Mahilprabha as Typist with effect from 01.06.2018, M.Jeyakumar as Typist with effect from 02.07.2018, Sr.S.Stella Arul Mary as Junior Assistant with effect from 01.08.2019, I.Francis Xavier as Junior Assistant with effect from 01.08.2019 and L.Shanthi as Storekeeper with effect from 01.06.2022 with all attendant benefits.
3. The brief facts as stated in the affidavit is that the writ petitioner college namely Fathima College is a private aided minority college governed under the Tamil Nadu Private Colleges (Regulation) Act, 1976 and the Rules framed thereunder. In the year 2018 to 2022 the college promoted five Lab Assistants on various dates to Typist, Junior Assistants and Store Keeper in the sanctioned vacancies. The
Promotions from Laboratory Assistant to Typist and Junior Assistant are valid under statutory rules, irrespective of equal pay, and cannot be denied based on non-statutory circulars.
Promotion from Laboratory Assistant to Junior Assistant is permissible under applicable rules and government orders, regardless of equal pay.
The right to consideration for promotion under Rule 3(g) of Tamil Nadu Ministerial Service Rules is a fundamental right for employees with no promotional avenues.
Appointments made in violation of statutory rules are in violation of Article 14 and 16 of the Constitution of India and are in nullity.
Promotion eligibility must adhere to prescribed qualifications as per established guidelines, including seniority considerations.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
The court upheld the legitimacy of established service classifications, confirming that promotions must respect institutional regulations and practices.
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